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Coverage Defense

Wiley Rein LLP

Material Issues of Fact Preclude Summary Judgment that Insurer Waived or was Estopped from Asserting Coverage Defenses

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The United States District Court for the Western District of Louisiana, applying Louisiana law, has held that material issues of fact precluded summary judgment that an insurer waived or was equitably estopped from raising...more

Beveridge & Diamond PC

Insured Survives Summary Judgment Motion on Three Pollution Exclusion Exceptions

Beveridge & Diamond PC on

Illustrating how an insured can counter the insurer’s pollution exclusion arguments in coverage disputes, a federal court in Illinois held that an insured chemical company succeeded in raising genuine issues of material fact...more

Rumberger | Kirk

What's a Coverage Defense? 11th Circuit Addresses Coverage Defenses under the Florida Claims Administration Statute

Rumberger | Kirk on

When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In...more

Cozen O'Connor

Should You Withdraw The Reservation of Rights To Avoid Entry of a Consent Judgment?

Cozen O'Connor on

An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to...more

Cozen O'Connor

Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”

Cozen O'Connor on

Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense”...more

Carlton Fields

Drive, He Said: When “Yes” Means “Don’t Shoot!”

Carlton Fields on

Bad things can happen to innocent people, and sometimes the people responsible for them are judgment-proof. When that happens—and when the perpetrator also has potential coverage under an automobile or homeowners...more

Benesch

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Benesch on

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...more

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